Hall v. Suydam
New York Supreme Court
. This was an action against the defendant for a malicious prosecution. The suit was tried before Justice Willard, at the Saratoga circuit, in August, 1848. On the trial it appeared that the defendant, on the 1st of May, 1846, made a complaint on oath, against the plaintiff, before a justice of the peace, for stealing his wagon. The plaintiff was arrested on this charge and brought before two magistrates; when an examination was had.
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. This was an action against the defendant for a malicious prosecution. The suit was tried before Justice Willard, at the Saratoga circuit, in August, 1848. On the trial it appeared that the defendant, on the 1st of May, 1846, made a complaint on oath, against the plaintiff, before a justice of the peace, for stealing his wagon. The plaintiff was arrested on this charge and brought before two magistrates; when an examination was had. And after witnesses were examined against and in behalf of the plaintiff, he was discharged. Evidence was introduced on the trial, by the plaintiff, tending to…
1Opinion of the Court
By the Court, Paige, P. J.
To sustain an action for a malicious prosecution, the plaintiff must show that the prosecution originated in the malice of the defendant, without probable cause. Proof of express malice is not enough, without showing also the want of probable cause. Probable cause has been defined, a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief, that the person accused is guilty of the offence with which he is charged. (2 Denio, 619. 3 Wash. C. C. Rep. 37.) Although the plaintiff is entirely…
2Cases cited4 opinions
- Pangburn v. BullNew York Supreme Court · 1828
- Masten v. DeyoNew York Supreme Court · 1829
- Gorton v. De AngelisNew York Supreme Court · 1831
- Weaver v. TownsendNew York Supreme Court · 1835
3Cited by27 opinions
- James Morrissey, Plaintiff-Appellant-Appellee v. National Maritime Union of America, Defendant-Appellant-Appellee, and Joseph CurranCourt of Appeals for the Second Circuit · 1976
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Barron v. MasonSupreme Court of Vermont · 1858
- Besson v. . SouthardNew York Court of Appeals · 1851
- Cooper v. UtterbachCourt of Appeals of Maryland · 1873
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